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Judicial termination of a land lease agreement

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PREMIUM 34.11
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Kara Yuliiya Mykolayivna
Lawyer
Ukraine / Zaporizhzhia Oblast
Kara Yuliiya Mykolayivna

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Publication date: 19.05.2025

Lawyer of the Bar Council of Zaporizhia Region since 2016

🔹 Lawyer: Yuliia Mykolaivna Kara
🔹 Service: Judicial termination of a land lease agreement

Initial Situation

 

A woman approached lawyer Yuliia M. Kara — the owner of a land plot who could not terminate the lease agreement through extrajudicial means. The tenant refused to sign a termination agreement despite the presence of significant grounds. The land was being misused, rent payments were consistently delayed, and contact with the tenant became nearly impossible.

The client had no intention of alienating the land but lost control over its use. Considering the importance of the plot for her household, she was forced to turn to the court. In court, the tenant objected to the claim, insisting he had not violated the contract and that termination was groundless.

Legal Task and Strategy

 

The lawyer’s task was not only to prove the legal grounds for terminating the agreement but also to counter the tenant’s active objections to the claim.

Contract and Legal Position Analysis

The lawyer carefully analyzed:

  • the terms of the lease agreement;

     
  • inspection reports of the land plot;

     
  • documents regarding rent payment delays;

     
  • actions (or inaction) of the tenant in response to the client’s written requests.

     

Several substantial breaches of contract were identified, including:

  • misuse of the land plot;

     
  • systematic delays in payment;

     
  • lack of maintenance and visible soil degradation;

     
  • tenant’s refusal to discuss early termination terms.

     

Building the Evidentiary Base

The preparation of the lawsuit included collecting significant evidence, including:

  1. correspondence with the tenant;

     
  2. photographic evidence of the neglected condition of the land;

     
  3. calculation of rent payment arrears;

     
  4. extracts from the cadastral register confirming misuse of the land.

     

In court, the lawyer substantiated the legal position by referencing the Land Code of Ukraine, case law of the Supreme Court, and the broader social relevance of protecting landowners' rights.

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Litigation Process

The tenant actively opposed the claim, filed motions to postpone hearings, and attempted to present alternative evidence of proper land use. However, due to the lawyer’s professional procedural tactics, the court not only rejected these arguments but also recognized the tenant’s actions as a violation of essential contractual terms.

Outcome for the Client

📌 The claim was fully satisfied
📌 The lease agreement was terminated by court decision
📌 The client regained full control over her land plot
📌 A legal basis was established for future use of the land in the family’s interest

 

Conclusion

This case highlights the high level of professional preparation by lawyer Yuliia Mykolaivna Kara, her ability to handle complex land disputes, her in-depth understanding of legal reforms, and her effective interaction with the judiciary. Thanks to a thoughtful legal strategy, the client was able to protect her ownership rights and regain control over a valuable asset essential to her family’s well-being.

This result also confirms that proper legal support is a key condition for the successful resolution of disputes over joint property in court.

 

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